Social Security Exempt Lump Sum (Certain Commonwealth Discretionary Payments) Determination 2015

Social Security Exempt Lump Sum (Certain Commonwealth Discretionary Payments) Determination 2015

made under paragraph 8(11)(d) of the Social Security Act 1991.

Compilation No. 1  

Compilation date:   23 November 2018

Includes amendments up to: Social Security Amendment (Exempt Lump Sum – Certain Commonwealth Discretionary Payments) Determination 2018

About this compilation

This compilation

This is a compilation of the Social Security Exempt Lump Sum (Certain Commonwealth Discretionary Payments) Determination 2015 that shows the text of the law as amended and in force on 28 November 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 Preliminary

1 Name....................................................1

2  Commencement.............................................1

3 Revocation................................................1

4 Definitions................................................1

Part 2      Exempt Lump Sums..........................................2

5  Amount or class of amounts.....................................2

6  Application - Exempt Lump Sums.................................2

Part 1  Preliminary

1 Name of determination

This determination is the Social Security Exempt Lump Sum (Certain Commonwealth Discretionary Payments) Determination 2015.

2 Commencement

 This determination commences on the day after registration.

3  Revocation

The Social Security Exempt Lump Sum Determination No. 4 of 2004 is revoked.

4  Definitions

 In this determination:

 Act means the Social Security Act 1991.

 compensation payment means a payment under:

(a)  section 23 of the Public Governance, Performance and Accountability Act 2013,

(b)  the Compensation for Detriment Caused by Defective Administration scheme; or 

(c)  section 65 of the Public Governance, Performance and Accountability Act 2013.

 family assistance law means the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.

Human Services Department means the Department administered by the Human Services Minister.

social security payment has the same meaning as in the Social Security Act 1991.

Part 2 Exempt Lump Sums

5  Amount or class of amounts

(1) Paragraph 8(11)(d) of the Act provides that the Secretary may determine that an amount or class of amounts received by a person, is an exempt lump sum.

(2) If:

1.                a person has received a compensation payment; and
2.                the compensation payment was paid:

1.                  to reimburse expenses incurred by a person due to an administrative error made by the Human Services Department, or

                (ii)  in lieu of an amount paid under the Act, the family assistance law, the Paid Parental Leave Act 2010, or the Business Services Wage Assessment Tool Payment Scheme Act 2015; and

1.                the person is in receipt of a social security payment;

 then any amount received by the person, as a compensation payment, is an exempt lump sum.

6  Application—Exempt Lump Sums

An amount, or class of amounts received by a person referred to in subsection 5(2) is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history